Republic v Kajuju [2023] KEHC 27312 (KLR)

Republic v Kajuju (Criminal Case 3 of 2019) [2023] KEHC 27312 (KLR) (24 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27312 (KLR)

Republic of Kenya

In the High Court at Kajiado

Criminal Case 3 of 2019

SN Mutuku, J

October 24, 2023

Between

Republic

Prosecutor

and

Agnes Waithera Kajuju

Accused

Ruling

1. Agnes Waithera Kajuju is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 23rd day of December 2018 at Nuat Estate Rimpa Area within Kiserian Township in Kajiado North Sub-County in Kajiado County she murdered Clifford Mabeya Mayaka.

2. The accused pleaded not guilty to the charge. The matter proceeded to full hearing with eleven (11) witnesses testifying for the prosecution. This ruling relates to whether the evidence tendered by the prosecution witnesses makes out a prima facie case against the accused person so as to call on her to defend herself.

3. I took over the conduct of this case after five (5) witnesses had testified before Hon. Mr. Justice Mwita. I took the evidence of six (6) witnesses. I have taken time to review all the evidence tendered by the 11 witnesses. Briefly stated, the evidence shows that the deceased was found dead inside his house situated in Rimpa area in Kiserian by his father Daniel Mayaka Okindo (PW1) on 23rd December 2018. The deceased had failed to go his parents’ home that day as he used to, and his father started looking for him. According to his father he found vomit on the driver’s door of deceased’s motor vehicle registration number KBU 713X Toyota Passo and inside the bedroom.

4. There was no information regarding what had happened. According to the evidence the deceased’s house was in disarray. The body was picked up by the police and transported to Umash Funeral Home where postmortem was performed by Dr. Oduor Johansen on 24th December 2018.

5. The accused was arrested and later charged with this offence. The evidence shows that she was found in possession of deceased’s phone, a black OPPO which was produced in evidence and watch also produced in evidence.

6. I have considered the evidence adduced against the accused, I find the accused implicated by virtue of having in her possession items, watch and phone, belonging to the accused. I have made up my mind to place her on her defence. She is hereby informed of her right to give evidence either unsworn or sworn and to call witnesses.

7. It so ordered.

DATED, SIGNED AND DELIVERED ON 24TH DAY OF OCTOBER 2023. S.N. MUTUKUJUDGE